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Resolution 292-2011 RESOLUTION NO. 292 - 2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REPEALING RESOLUTION NO. 330 -1997 (THE EXISTING MARATHON AIRPORT GROUND TRANSPORTATION RESOLUTION); PROVIDING FOR DEFINITIONS; PROVIDING FOR THE REGULATION OF BUSES, COURTESY VEHICLES, TAXIS AND MOTOR VEHICLES FOR HIRE; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS INCONSITENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT Section 1, Resolution No. 330 -1997 is hereby repealed. Section 2. Definitions a) Airport means the Marathon Airport terminal area. b) Airport Director or Director means the County employee charged with managing the Airport or his designee. c) Bus means a motor vehicle that is operated on a regular scheduled route or is chartered for a specific prearranged purpose and is designed to transport more than fifteen persons, including the driver. d) Courtesy vehicle means a vehicle carrying passengers with reservations at a hotel, motel, resort facility, marina, off -site car rental company, or local attraction, without a fee charged directly to the passenger. e) Unattended vehicle means that the driver is not within the Airport area. f) Taxi or vehicle for hire means a motor vehicle designed to transport persons, which does not operate on a regular schedule, and, which normally charges passengers a fee for transportation. g) Delivery Vehicle means a vehicle delivering goods or services to County personnel or tenants at the airport terminal building. h) Operator means the owner or the driver of a bus, courtesy vehicle, taxi, vehicle for 1 hire, or delivery vehicle. i) Solicit or solicitation means to ask or advertise, through verbal request, by sign, or by mere :physical presence, if a potential customer desires transportation. Section 3. - Exhibits Exhibit A is a map depicting the various parking and no parking areas at the Airport. Exhibit B contains the insurance requirements for the types of vehicles operating at the airport under the terms of this Resolution. Exhibits A and B are attached to this resolution and made a part of it. Section 4. — Stopping. Standing. Parkins. Loading and Unloading The operators of courtesy vehicles, taxis, motor vehicles for hire and members of the public may stop, stand, park, load, unload, or pick up passengers, at the Airport area reserved for general loading and unloading as shown on Exhibit A. Members of the public may also park for up to 30 minutes at the Airport areas reserved for general loading and unloading as shown on Exhibit A. Section 5. - Buses and Delivery Vehicles Only the operators of buses or delivery vehicles may stop, stand, park, load, unload or pick up passengers at the Airport areas reserved for buses or delivery vehicles as shown on Exhibit A. The use of the area reserved for buses or delivery vehicles by anyone other than bus or delivery vehicle operators is prohibited. Section 6. — Solicitation by Taxis and motor vehicles for hire The solicitation of persons at the Airport by anyone other than a taxi or vehicle for hire operator is prohibited. Taxi and vehicle for hire operators may only solicit in the area reserved for general loading and unloading as depicted on Exhibit A. Drivers are prohibited from soliciting within the terminal building. Section 8.. - Insurance a) Taxis, vehicles for hire, courtesy vehicles, or chartered buses operating at the Airport, must at all times maintain the insurance described in Exhibit B before beginning operation at the Airport. b) All taxis and vehicles for hire, regardless of how their operators choose to denominate the vehicles, must obtain taxi class insurance. Section 9. - Standards of conduct and operation a) Drivers of all vehicles must: ( i) be clean and appropriately attired; (ii) wear a shirt that has either the company logo or an attached company identification badge; and (iii) wear shoes. b) Taxis and non - rental car courtesy vehicles must display a permanently affixed company name or operation logo in a professional business graphic design. c) All vehicles must: (i)have factory installed lights in proper operating condition; (ii)have factory installed safety equipment (seat belts, shoulder harnesses and air bags) in proper operating condition; (iii)maintain all vehicle body panels or parts in the originally intended design condition, including the repair or replacement of any dented areas that distort the design shape and the elimination of any areas of corrosion larger than nine square inches; and (iv) otherwise be safe and mechanically sound. d) The interference by an operator with the conduct of business of any other operator is prohibited. Violation of this subsection may result in the operator being barred from the Airport, and may include a trespass warning and subsequent arrest and prosecution for that criminal offense. Section 10. - Parking prohibitions No person may stop, stand or park a vehicle in an area of the Airport where that is shown as prohibited on Exhibit A. No person may stop, stand or park a vehicle in an area of the Airport depicted on Exhibit A where that vehicle exceeds the allotted time allowed or is not authorized to stop, stand or park because of the vehicle's type. When an on -site rental car agency customer chooses to park a rental car in a prohibited area, for the purpose of returning the rental car to the agency, the vehicle will not be considered to be in violation of the provisions of this resolution, as long as the rental car agency removes the vehicle from the prohibited area immediately after the completion of the turn -in transaction. Section 11. Violations and Penalties. a) The Airport Director may impose the following penalties for violations of the terms of this Resolution. i) A lapse, or reduction in, insurance coverage for any vehicle required to be insured under Section 8 and Exhibit B authorizes the director to bar the vehicle from picking up or loading passengers at the Airport until the insurance is restored. This prohibition on Airport service extends to all the operator's vehicles and not just those with the lapsed or reduced insurance coverage. ii) For the first violation of this Resolution, other than an insurance lapse/ reduction, in a consecutive 12 month period, the imposition of a $100 penalty, payable to the Airport fund, may be iii) For the second violation of this Resolution, other than an insurance lapse/ reduction, in a consecutive 12 month period, the imposition of a $100 penalty and the suspension of the operator's Airport access for all his vehicles for a period of seven days may be imposed. If the suspension is because a vehicle did not comply with Section 9, the vehicle may be denied Airport access until the violation is corrected. iv) For the thinl violation of this Resolution, other than an insurance lapse/reduction, in a consecutive 12 month period, the imposition of a $100 penalty and the suspension of the operator's Airport access for all his vehicles for a period of 30 calendar days may be imposed. If the suspension or revocation is based on the failure of a vehicle to comply with Section 9, the vehicle may be denied Airport access until the violation is corrected. All decisions made by the Airport Director under this section must be in writing and delivered to the operator before they become effective. b) The Airport Director's decision to impose a fine or deny Airport access may be appealed by the operator to the County Administrator by filing a request for a hearing with the County Administrator's Office within five (5) days of the operator's receipt of the Director's written decision. The County Administrator or his designee (who may not be anyone employed in the Airport Director's department or division) must conduct the hearing within 21 days of the County Administrator's receipt of the hearing request. The hearing must be informally conducted. The operator and the Airport Director may offer such evidence as they deem necessary to support their respective positions although the County Administrator (or designee) need not entertain immaterial, irrelevant or repetitious evidence. All other evidence of a type commonly relied on by reasonably prudent persons in the conduct of their affairs may be entertained. The County Administrator (or designee) must, in writing, affirm, reverse or modify the Airport Director's decision within ten (10) days after the hearing. The County Administrator's (or designee's) decision is the final administrative action of the County. Section 12. - Additional penalties In addition to any penalties provided elsewhere in this Resolution or County ordinances, any violation of this Resolution may be prosecuted as a misdemeanor of the second degree, punishable as provided in Secs. 775.082 or 775.03, Fla.Stat. Violations of this Resolution may also be prosecuted pursuant to the citation procedure of Chapter 162, Part 11, Florida Statutes. Section 13. — Severability If any section, subsection, sentence, clause, item, or provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity. Section 14. - Inconsistency All Resolutions or parts of a Resolution in conflict herewith are hereby repealed to the extent of such conflict. Section 15. - Effective date This Resolution will take effect after the promulgation required in Sec. 332.08 (2) (b), Fla. Stat. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 19th day of October 2011. Mayor Heather Carruthers Yes Mayor Pro Tem David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMIVIISSIONERS OF MONROE COUNTY, FLORIDA AST„ DANNY L. 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' • 1 • 01 • • . .111111 1 1 :, r T ► •'• f '• s i . , i - f: •.. �1 • 1996 Haitian • • VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR GROUND TRANSPORTATION RESOLUTION MARATHON AIRPORT Recognizing that the Resolution authorizes the use certain vehicles at the Airport, the Operator, as defined in the Resolution, shall obtain Vehicle Liability Insurance as outlined below. • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: 5:300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: S100,000 per Person $:300,000 per Occurrence S 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Modified by Risk Management 5/7/97 VL2 Administration Instruction ti47O9.2 82 EXHl8iT 8